Choudhary vs Shade Craft General Trading
2026 Latest Caselaw 2381 UK

Uttarakhand High Court

Choudhary vs Shade Craft General Trading on 25 March, 2026

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                                 C-528 No. 458 of 2026
                                 Hon'ble Alok Mahra, J.

Mr. Deepak Biswas and Mr. Kundan Singh, learned counsels for the applicant.

2. Mr. Akshay Latwal, learned A.G.A. alongwith Mr. Nikhil Bisht, learned Brief Holder for the State.

3. The present criminal misc. application is filed with a prayer to quash and set-aside the chargesheet, summoning/cognizance order as well as the entire proceedings of Criminal Complaint Case No. 57 of 2023, P. Rai Choudhary Vs. Shade Craft General Trading Company, pending in the court of learned Judicial Magistrate, Mussoorie, District Dehradun.

4. It is the case of the applicant that a complaint was filed by respondent nos. 2 and 3, wherein, it was alleged that the complainants and applicant entered into an agreement for setting up a prefabricated structure to be used as a home stay of the complainants. The said work was to be done in the budget of Rs. 15 Lakhs and the time period of which, as per the complaint, was one month. As per the complaint, the money was paid to the complainant, but, she did not execute the work, as compromised by her and thereafter when the complainant tried to contact the applicant, she dilly-dallied the matter. In their complaint, they have further mentioned that on inquiry, it was found that the company, in which the applicant showed her to be the M.D., was registered at Dubai and it was later found out that the money which was given by the complainants to the applicant, was invested by the applicant in her private resource at Rishikesh. Thereafter, statement of the complainants were recorded and cognizance was taken by the Magistrate concerned and the applicant was summoned under Sections 406, 419 and 468 of IPC vide summoning order dated 20.06.2023.

5. Learned counsel for the applicant would submit that the complaint is not maintainable as the respondent no. 3 already lodged a Police report before the concerned Police Station, Noida, District Gautam Budh Nagar in the year 2022, applicant appeared there and put up their case and thereafter she did not receive any notices from the Court. Since, complaint is already filed by the complainant in Police Station, Noida, District Gautam Budh Nagar, therefore, on the same set of facts, another FIR could not be filed. It is further submitted that the fact of the earlier complaint has not been mentioned in the present FIR. It is further submitted that bare perusal of the FIR would reveal that it is a case which is simply civil in nature and it is always open for the complainants to approach the Civil Court.

6. This Court finds some substance in the submission made by learned counsel for the applicant and having heard the submission, under the facts and circumstances of the case, this Court is of the view that this matter definitely requires deliberation.

7. Issue notice to respondent nos. 2 and 3, returnable within three weeks. Steps to be taken within a week.

8. List after service report is received.

9. In the meantime, counter-affidavit(s), if any, be filed by the respondents.

10. After perusing the records and having heard learned counsel for the parties, this Court, prima facie, is of the opinion and is satisfied that in the interest of justice, further proceedings of proceedings of Criminal Complaint Case No. 57 of 2023, P. Rai Choudhary Vs. Shade Craft General Trading Company, pending in the court of learned Judicial Magistrate, Mussoorie, District Dehradun, shall remain stayed qua the applicant till the next date of listing.

(Alok Mahra J.) 25.03.2026 Ujjwal